Evicting a tenant in New York is slow, expensive, and loaded with procedural traps. One wrong step and your case gets dismissed. You start over. The tenant stays. You keep losing money.
This guide covers the actual process from start to finish, with realistic timelines for Onondaga County and Central New York. No sugarcoating.
Two Types of Eviction Proceedings in New York
Under RPAPL 711, there are two main eviction paths: nonpayment proceedings and holdover proceedings. They have different requirements, different timelines, and different paperwork.
Nonpayment Proceedings
Used when the tenant has not paid rent. You must first serve a 14-day written rent demand under RPL 711(2). The demand must state the exact amount owed and the period it covers. After 14 days with no payment, you file a petition in court.
Holdover Proceedings
Used when the lease has expired and the tenant will not leave. Also used for lease violations (unauthorized occupants, illegal activity, substantial damage to the property). You must serve a termination notice first. For month-to-month tenancies, the notice period depends on how long the tenant has lived there: 30 days for under one year, 60 days for 1-2 years, 90 days for over two years.
Good Cause Eviction: What Changed in 2024
New York enacted the Good Cause Eviction Law in 2024. This affects holdover proceedings significantly. Landlords must now demonstrate “good cause” to remove a tenant, even after lease expiration. Nonpayment of rent qualifies as good cause. So does lease violations and owner occupancy.
The law also caps rent increases. If you raise rent by an “unreasonable” amount (generally interpreted as significantly above the Consumer Price Index), the tenant can challenge it as a de facto eviction. This applies statewide, not just New York City.
There are exemptions. Owner-occupied buildings with fewer than 10 units are exempt. So are buildings constructed in the past 30 years. Check whether your property qualifies before assuming Good Cause applies.
Service Requirements Under RPAPL 735
This is where most landlords lose their cases. Service must be done exactly right or the judge will dismiss.
Three methods are allowed:
- Personal delivery: Hand the papers directly to the tenant. Best option. Hardest to dispute.
- Substituted service: Give the papers to a person of suitable age and discretion at the tenant’s residence or workplace, then mail a copy to the tenant’s last known address within one day.
- Conspicuous place service: Only if personal and substituted service fail after reasonable attempts. Affix the papers to the door in a visible location, then mail a copy within one day. You must document your prior attempts.
Hire a licensed process server. They know the rules and can testify to proper service if challenged. Cost: $50-$100 per service. Worth every dollar.
Day-by-Day Timeline in Onondaga County
Here is a realistic nonpayment eviction timeline for the Syracuse area:
- Day 1: Rent is late. Grace period begins (typically 5 days per lease).
- Day 6: Grace period ends. Serve 14-day rent demand.
- Day 20: 14-day demand expires. File nonpayment petition in Syracuse City Court ($45 filing fee).
- Day 21-35: Court schedules hearing. Tenant is served with petition.
- Day 35-50: First court appearance. Tenant may request adjournment. Judge may grant it.
- Day 50-90: Second or third court appearance. If tenant raises defenses (habitability, retaliation), discovery may be ordered.
- Day 90-120: Judgment entered in your favor (if you win). Warrant of eviction issued.
- Day 120-150: Warrant delivered to Onondaga County Sheriff. Sheriff schedules the actual removal.
Best case: about 3 months. Average case with adjournments: 4-5 months. Contested case with defenses: 6+ months.
What It Costs
Filing fee: $45. Process server: $50-$100 per service (you may need 2-3 services throughout the process). Attorney fees: $2,500-$5,000 for a standard proceeding, $5,000-$8,000 if contested. Lost rent during proceedings: $3,600-$9,000+ depending on monthly rent and timeline.
Total realistic cost: $8,000-$15,000. For a property netting $200/month in cash flow, that is 3-6 years of profit gone on one bad tenant.
Procedural Errors That Get Cases Dismissed
Wrong Name on the Petition
The petition must name every occupant on the lease. If the lease says “John Smith and Jane Doe” and you only name John Smith, Jane Doe can argue she was not properly included. Name everyone.
Defective Service
Conspicuous place service without documented prior attempts at personal and substituted service will get your case thrown out. The affidavit of service must detail dates, times, and descriptions of attempts.
Math Errors in the Demand
If your 14-day demand says the tenant owes $2,400 but the actual amount is $2,350, the tenant’s attorney will argue the demand was defective. Triple-check your numbers.
Accepting Rent After Filing
If you accept any rent payment after filing the petition without a written stipulation preserving your case, you may have to start over. Get legal advice before accepting money mid-proceeding.
Illegal Eviction: What You Cannot Do
Under RPAPL 768, illegal eviction in New York is a Class A misdemeanor punishable by up to one year in jail and a $1,000 fine. The tenant can also sue you for damages in civil court.
Illegal eviction includes:
- Changing the locks
- Shutting off utilities (heat, water, electric)
- Removing the tenant’s belongings
- Blocking access to the unit
- Threatening or intimidating the tenant to force them out
It does not matter if the tenant has not paid in six months. It does not matter if they are destroying the unit. You must go through the court process. There are no shortcuts.
LLCs Must Have an Attorney
If your rental property is held in an LLC (and it should be for liability protection), you cannot represent yourself in court. New York requires that LLCs, corporations, and other business entities be represented by a licensed attorney. Filing a petition pro se on behalf of your LLC will get your case dismissed.
Individual owners can self-represent but should carefully weigh the risk of procedural errors against the cost of hiring counsel.
When to Offer Cash for Keys
Sometimes the cheapest option is paying the tenant to leave voluntarily. If you are looking at 4 months of lost rent ($4,800) plus $3,000 in legal fees, offering the tenant $2,000 to be out in two weeks saves you $5,800.
Get the agreement in writing. Include the move-out date, the payment amount, and a clause where the tenant surrenders all claims to the unit. Have it notarized if possible.
Protect Yourself Before the Next Lease
Evictions are a symptom of bad screening. Run credit checks, verify income at 3x rent, call prior landlords (not the current one, who may lie to get rid of a problem tenant), and search eCourts for prior eviction filings across Oswego, Auburn, Utica, and Onondaga counties.
If managing evictions and court proceedings is not how you want to spend your time, RenPro Property Management handles the entire process across Central New York. Call 315-400-2654 to talk about your situation.
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